Senate Bill S8145

2019-2020 Legislative Session

Relates to establishing a cause of action for medical monitoring

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S8145 (ACTIVE) - Details

See Assembly Version of this Bill:
A10762
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0116, En Con L; add §214-i, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: S298, A2265
2023-2024: S528

2019-S8145 (ACTIVE) - Summary

Establishes a cause of action for medical monitoring for a person with or without a present injury or disease and establishes a statute of limitation for such cause of action.

2019-S8145 (ACTIVE) - Sponsor Memo

2019-S8145 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8145
 
                             I N  S E N A T E
 
                               April 8, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the  civil  prac-
   tice  law and rules, in relation to establishing a cause of action for
   medical monitoring
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0116 to read as follows:
 § 37-0116. CAUSE OF ACTION FOR MEDICAL MONITORING.
   1. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "EXPOSURE" SHALL HAVE THE SAME MEANING SET FORTH  IN  SECTION  TWO
 HUNDRED FOURTEEN-C OF THE CIVIL PRACTICE LAW AND RULES.
   (B) "TOXIC SUBSTANCE" SHALL MEAN:
   (I)  ANY  CHEMICAL  OR BIOLOGICAL SUBSTANCE THAT POSES A RISK TO HUMAN
 HEALTH AS DEFINED BY THE COMMISSIONER PURSUANT  TO  SECTION  37-0103  OF
 THIS TITLE;
   (II)  ANY  SUBSTANCE  CATEGORIZED  AS TOXIC OR HAZARDOUS BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES  AGENCY  FOR
 TOXIC  SUBSTANCE  AND  DISEASE  REGISTRY  SHALL  BE A HAZARDOUS OR TOXIC
 SUBSTANCE; AND
   (III) ANY SUBSTANCE NOT SO CHARACTERIZED MAY BE PROVEN TO BE TOXIC  BY
 A PREPONDERANCE OF THE EVIDENCE.
   (C)  "RELEASE"  SHALL MEAN ANY INTENTIONAL OR UNINTENTIONAL, PERMITTED
 OR UNPERMITTED, ACT OR OMISSION THAT ALLOWS A TOXIC SUBSTANCE  TO  ENTER
 THE  AIR, LAND, SURFACE WATER, GROUNDWATER, OR ANY OTHER PLACE WHERE THE
 TOXIC SUBSTANCE MAY BE LOCATED.
   (D) "MEDICAL MONITORING" SHALL MEAN A PROGRAM OF MEDICAL SURVEILLANCE,
 INCLUDING MEDICAL TESTS OR PROCEDURES FOR THE PURPOSE OF EARLY DETECTION
 OF SIGNS OR SYMPTOMS OF LATENT DISEASE RESULTING FROM EXPOSURE.
   (E) "LATENT DISEASE" SHALL MEAN ANY CONDITION THAT NEGATIVELY  AFFECTS
 HUMAN  HEALTH BY CAUSING DEATH OR PERMANENT OR PROTRACTED LOSS OF MENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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